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Synopsis

The State Government of Maharashtra has moved the Bombay High Court challenging the Maharashtra Administrative Tribunal (MAT) order directing it to give grace marks to two transgender individuals for qualifying them for the police constable exam.

A division bench of the high court comprising Justice AS Chandurkar and Justice Jitendra Jain issued notice in the appeal filed by the State Government.

In November 2021, the State Government issued an advertisement for recruiting police constables. Following the advertisement, two transgenders, Vinayak Kashid, and Aryan Pujari, approached the Maharashtra Administrative Tribunal (MAT) seeking direction to be issued to the State Government to create a third option in the online application form for transgenders.

In November 2021, the tribunal directed the state government to create a third option in the online application for transgenders, which the State Government challenged before the high court.

In December 2022, the high court disposed of the appeal filed by the state government and directed the state to create a third option for transgenders.

Subsequently, after the recruitment process was concluded, Kashid and Pujari did not qualify for the exam. Then, they approached the tribunal seeking reservations for transgenders.

The tribunal directed the state government to give grace marks to the them and qualify them for recruitment considering they had obtained 50% marks in the exam.

The order directing the state government to give grace marks to transgenders has now been challenged by the state government before the high court.

The state government contends that the order directing the grant of grace marks would affect the prospects of other meritorious candidates as they were not heard and not arrayed as respondents.

The state also argues that the order gives special treatment to the two transgenders and violates Article 14 of the Constitution.

“That the Hon’ble Tribunal’s directions to the Slate Government. to give grace marks or give age relaxation to the 2 transgender would result in giving special favour to a specific individual to get them a government job in spite of failing the qualifying exam, which is totally unjust and violates Article 14 of the Constitution,” the plea filed by the state government reads.

Case TItle: State of Maharashtra vs Vinayak Bhagwan Kashid  & Anr